In this podcast we’re talking about rules for Serving Documents to Tenants. Our guest is Glenn Sheridan. Glenn is a Community Legal Worker at Landlord’s Self-Help Centre and I’m Susan Wankiewicz. Welcome to Sound Advice for Landlords.

Where do the rules for serving tenants come from?
The Residential Tenancies Act, that’s the Ontario law that governs landlord and tenant relationships.

Why would a landlord have to serve a document to their tenant?
Well, for example, once a year a landlord may want to serve a notice of rent increase or occasionally they may have to serve a notice of termination for something like non-payment of rent or if they wanted to take the unit back for their own use.

Maybe we can start by talking about how a landlord serves notice to their tenant in person.
Usually that means going to the door, knocking on the door, and giving it to either the tenant or an apparently adult person in the rental unit.

Is the landlord required to serve personally?
Not really, it’s the most direct method, put it that way.

What other ways can a landlord serve a document to a tenant?
Well, for instance, they can put the notice underneath the door; they can send it by mail or by courier or by fax. They can put the notice in the mail box as well. There are some other rules however that come into play if your mailing or faxing or sending by courier to the tenant.

So, for time sensitive documents like notices, how does the landlord calculate additional time if they’re sending by mail or courier?
Well, the rules require that 5 extra days be included in the calculation of time if something is being sent by mail. And, if sent by courier, you have to allow one extra day for the courier to deliver the notice to the tenant. If that extra day falls on a non-business day however, you have to allow one additional business day.

How does a landlord prove that they’ve served the documents?
Well, the landlord is required to complete a Certificate of Service form. This is a form that’s available through the Landlord and Tenant Board offices either from their office directly or from their website.

And is it the same process for serving notice to enter their unit?
You obviously have to give 24 hours notice in writing indicating that you’re coming in to do repairs for instance. Ordinarily, you’re not allowed to serve a notice on the door. So a notice for non-payment, for instance, you cannot put it on the door. But a notice to enter the unit for repairs or for showing to a real estate person you are allowed to serve that notice on the door.

What are some of the common pitfalls landlords face?
Well obviously most tenants are fine with getting documents from their landlord. But occasionally you may find the tenant deliberately avoiding the landlord if they don’t wish to get a form from them. A good idea here is to have a witness with you if you’re encountering that kind of deliberate blockage, I guess.

Is there anything else landlords need to know about serving documents?
The key thing here is to ensure that you’re able to prove that the notice was given to the tenant. And how it was given, again, having a witness with you if you’re encountering some problems is a good extra step that the landlord can take. And, of course you’d have to bring that witness with you to a hearing at the Landlord and Tenant Board if there is any doubt about the way that you served the document or that you were unable to serve it.

The best way to ensure you are delivering forms correctly is by looking at Rule No. 5 which is found in the Residential Tenancies Act and between that and Section 191 of the Residential Tenancies Act you’ll have a complete list of the ways you can serve a notice.

Another quick way to find out how can I serve a notice would be just to look at the Certificate of Service form as it does list all of the methods of service you can use.

Thank you Glenn. You’ve be listening to Glenn Sheridan, a Community Legal Worker from Landlord’s Self-Help Centre. Glenn has been discussing the rules for Serving Documents to Tenants.

*****

This has been Sound Advice for Landlords. The material presented in this podcast is intended as general information, it is not legal advice. Sound Advice for Landlords is a production of Landlord’s Self-Help Centre, a community clinic funded by Legal Aid Ontario. To learn more about Landlord’s Self-Help Centre and the podcast project visit www.landlordselfhelp.com. Send your feedback to info@landlordselfhelp.com.

Copyright 2008 Landlord’s Self-Help Centre.

Thank you for listening!

]]>This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

In this podcast we’re talking about rules for Serving Documents to Tenants. Our guest is Glenn Sheridan. Glenn is a Community Legal Worker at Landlord’s Self-Help Centre and I’m Susan Wankiewicz. Welcome to Sound Advice for Landlords.

Where do the rules for serving tenants come from?
The Residential Tenancies Act, that’s the Ontario law that governs landlord and tenant relationships.

Why would a landlord have to serve a document to their tenant?
Well, for example, once a year a landlord may want to serve a notice of rent increase or occasionally they may have to serve a notice of termination for something like non-payment of rent or if they wanted to take the unit back for their own use.

Maybe we can start by talking about how a landlord serves notice to their tenant in person.
Usually that means going to the door, knocking on the door, and giving it to either the tenant or an apparently adult person in the rental unit.

Is the landlord required to serve personally?
Not really, it’s the most direct method, put it that way.

What other ways can a landlord serve a document to a tenant?
Well, for instance, they can put the notice underneath the door; they can send it by mail or by courier or by fax. They can put the notice in the mail box as well. There are some other rules however that come into play if your mailing or faxing or sending by courier to the tenant.

So, for time sensitive documents like notices, how does the landlord calculate additional time if they’re sending by mail or courier?
Well, the rules require that 5 extra days be included in the calculation of time if something is being sent by mail. And, if sent by courier, you have to allow one extra day for the courier to deliver the notice to the tenant. If that extra day falls on a non-business day however, you have to allow one additional business day.

How does a landlord prove that they’ve served the documents?
Well, the landlord is required to complete a Certificate of Service form. This is a form that’s available through the Landlord and Tenant Board offices either from their office directly or from their website.

And is it the same process for serving notice to enter their unit?
You obviously have to give 24 hours notice in writing indicating that you’re coming in to do repairs for instance. Ordinarily, you’re not allowed to serve a notice on the door. So a notice for non-payment, for instance, you cannot put it on the door. But a notice to enter the unit for repairs or for showing to a real estate person you are allowed to serve that notice on the door.

What are some of the common pitfalls landlords face?
Well obviously most tenants are fine with getting documents from their landlord. But occasionally you may find the tenant deliberately avoiding the landlord if they don’t wish to get a form from them. A good idea here is to have a witness with you if you’re encountering that kind of deliberate blockage, I guess.

Is there anything else landlords need to know about serving documents?
The key thing here is to ensure that you’re able to prove that the notice was given to the tenant. And how it was given, again, having a witness with you if you’re encountering some problems is a good extra step th]]>

This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

In this podcast we’re talking about rules for Serving Documents to Tenants. Our guest is Glenn Sheridan. Glenn is a Community Legal Worker at Landlord’s Self-Help Centre and I’m Susan Wankiewicz. Welcome to Sound Advice for Landlords.

Where do the rules for serving tenants come from?
The Residential Tenancies Act, that’s the Ontario law that governs landlord and tenant relationships.

Why would a landlord have to serve a document to their tenant?
Well, for example, once a year a landlord may want to serve a notice of rent increase or occasionally they may have to serve a notice of termination for something like non-payment of rent or if they wanted to take the unit back for their own use.

Maybe we can start by talking about how a landlord serves notice to their tenant in person.
Usually that means going to the door, knocking on the door, and giving it to either the tenant or an apparently adult person in the rental unit.

Is the landlord required to serve personally?
Not really, it’s the most direct method, put it that way.

What other ways can a landlord serve a document to a tenant?
Well, for instance, they can put the notice underneath the door; they can send it by mail or by courier or by fax. They can put the notice in the mail box as well. There are some other rules however that come into play if your mailing or faxing or sending by courier to the tenant.

So, for time sensitive documents like notices, how does the landlord calculate additional time if they’re sending by mail or courier?
Well, the rules require that 5 extra days be included in the calculation of time if something is being sent by mail. And, if sent by courier, you have to allow one extra day for the courier to deliver the notice to the tenant. If that extra day falls on a non-business day however, you have to allow one additional business day.

How does a landlord prove that they’ve served the documents?
Well, the landlord is required to complete a Certificate of Service form. This is a form that’s available through the Landlord and Tenant Board offices either from their office directly or from their website.

And is it the same process for serving notice to enter their unit?
You obviously have to give 24 hours notice in writing indicating that you’re coming in to do repairs for instance. Ordinarily, you’re not allowed to serve a notice on the door. So a notice for non-payment, for instance, you cannot put it on the door. But a notice to enter the unit for repairs or for showing to a real estate person you are allowed to serve that notice on the door.

What are some of the common pitfalls landlords face?
Well obviously most tenants are fine with getting documents from their landlord. But occasionally you may find the tenant deliberately avoiding the landlord if they don’t wish to get a form from them. A good idea here is to have a witness with you if you’re encountering that kind of deliberate blockage, I guess.

Is there anything else landlords need to know about serving documents?
The key thing here is to ensure that you’re able to prove that the notice was given to the tenant. And how it was given, again, having a witness with you if you’re encountering some problems is a good extra step th]]>

cleanNonono4:45Susan WankiewiczEntering a Tenant’s Rental Unithttps://landlordselfhelp.com/podcast/entering-a-tenants-rental-unit/
Tue, 05 Jan 2016 21:17:51 +0000Susan Wankiewiczhttp://landlordselfhelp.com/?post_type=podcast&p=1026This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

I’m Susan Wankiewicz and in this podcast we discuss Entering a Tenant’s Rental Unit.

Welcome to Sound Advice for Landlords, Silvana you’ve worked at Landlord’s Self-Help Centre for a long time.
Yes I have, and this issue comes up on a regular basis.

Do landlords have a lot of problems when it comes to entering a rental unit?
They do because they’re not aware that Residential Tenancies Act sets out circumstances the landlord is allowed to enter a rental unit.

There are different rules for entering in different situations, can you outline the three basic areas?
Well a landlord can enter a rental unit without notice, with verbal notice and with written notice, depending on the landlord’s reasons for entering the rental unit.

And are landlords restricted from entering the rental unit at certain times? Landlords can only enter the rental unit between 8 am or 8 pm. Unless the rental agreement requires the landlord to clean the unit and it allows different hours for cleaning.

*****

Let’s talk about situations where no notice is required, can you tell us what those are?
A landlords can enter a rental unit with no notice if there is an emergency or the tenant gives the landlord permission to enter or if the rental agreement requires the landlord to clean the rental unit.

What would be considered an emergency?
Well, an emergency would be fire or water leaking that the landlord has to obtain access right away.

And when a landlord wants to enter a rental unit and seeks the consent, what the guidelines for that?
The landlord goes to the rental unit, asks for permission to enter for a certain reasons and the tenant says”yes, you can enter” that’s fine, a landlord can enter.

And what are the rules for cleaning a rental unit?
A landlord can enter the unit without written notice if the tenancy agreement requires the landlord to clean the unit at any time of entry specified in the tenancy agreement. If the time of entry is not specified, the landlord can enter between 8 am and 8 pm.

*****

Now, let’s move on and talk about situations where the landlord gives oral notice.
A landlord can enter the unit without written notice if the landlord or the tenant has given a notice of termination and the landlord wishes to show the unit to prospective tenants.

Should the landlord try to notify the tenant?
Although notice is not required, the landlord should make a reasonable effort to inform the tenant of the intention to do so and must still enter between 8 am and 8 pm.

So, in this instance, what would be reasonable?
Well, the landlord could try calling the tenant and if the landlord can’t reach the tenant he can leave a phone message that he intends to enter with a prospective tenant.

*****

Let’s talk about the situations where the landlord is required to give 24 hours written notice to the tenant.
There are several situations when a landlord must give 24 hours written notice before they can enter the unit.

What information must be contained in the notice?
The notice must be in writing and must specify the reason for entry, the date of entry and the time of entry between 8 am and 8pm.

And how is the notice delivered to the tenant?
By handing it to an apparent adult person, placing it in the tenant’s mail box or where mail is usually delivered, sliding under the door or by posting it on the tenant’s door.

Oh, I didn’t think you were allowed to serve documents to tenants by posting on the door?
This is the only notice that can be posted on the tenant’s door.

And what are the other methods?
It can be faxed to the residence or place of business or by courier or mail with additional time added.

So, let’s review the list of reasons for entering the rental unit on 24 hours written notice.Well, a landlord can enter the rental unit on 24 hours written notice:

to carry out a repair or do work in the rental unit;

to allow a potential mortgagee or insurer of the rental complex to view the unit; or

to allow the physical inspection of the rental unit by a qualified person to satisfy a requirement imposed under the Condominium Act

Those all seem to be straight forward reasons.
The next one is a new provision under the RTA that allows the landlord to inspect the rental unit for the purpose of determining whether the unit is in a good state of repair or fit for habitation and complies with health, safety, housing and maintenance standards.

This is new under the Residential Tenancies Act because previously, landlords had to reserve this right in their tenancy agreement. What’s the next reason?
Any other reasonable reason for entering specified in the tenancy agreement.

And what might a reasonable reason be?
Well, a landlord might want to reserve the right to enter a rental unit in cases where the landlord reserves some storage space and requires access to that storage space.

And the last reason for entering the rental unit after 24 hours written notice is?
When a landlord, broker or salesperson, registered under the Real Estate Act, with the written authorization of the landlord, may enter the rental unit to allow a potential purchaser to view the rental unit.

And those are the provisions established in the Residential Tenancies Act, but what are some of the common problems landlords have when entering a rental unit?
When a landlord reserves a block of time either for showing or repairs, we recommend that the time does not exceed more than two hours.

And are there situations where the tenant may not be cooperative? For instance, what happens when the landlord has initiated the termination process and the tenant refuses to allow access.
The landlord can contact the Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing. They will contact the tenant and in many situations are able to secure the tenants cooperation without taking legal action.

And what happens when the landlord has followed the rules, has his plumber with him to address a plumbing issue or water issue and cannot get into the rental unit with his key because the lock has been changed?
The tenant does not have the right to change the locks without the landlord’s consent. If the landlord discovers that the locks have been changed, he can contact the the Investigation Unit or file an L8 Application with the Landlord and Tenant Board requiring the tenant to provide the landlord with a replacement key or pay the cost of changing the lock.

And I’d expect that some landlords may not follow the rules, what happens to them?
It is an offence to enter a rental unit without first complying with the requirements of the Act. A landlord can be fined up to $25,000 if found guilty of an offence under the Act.

Silvana, thank you for all of the information you’ve provided in this podcast.
You’re welcome.

*****

This has been Sound Advice for Landlords. The material presented in this podcast is intended as general information, it is not legal advice. Sound Advice for Landlords is a production of Landlord’s Self-Help Centre, a community clinic funded by Legal Aid Ontario. To learn more about Landlord’s Self-Help Centre and the podcast project at www.landlordselfhelp.com. Send your feedback to info@landlordselfhelp.com.

Copyright 2008 Landlord’s Self-Help Centre.

Thank you for listening!

]]>This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

I’m Susan Wankiewicz and in this podcast we discuss Entering a Tenant’s Rental Unit.

Welcome to Sound Advice for Landlords, Silvana you’ve worked at Landlord’s Self-Help Centre for a long time.
Yes I have, and this issue comes up on a regular basis.

Do landlords have a lot of problems when it comes to entering a rental unit?
They do because they’re not aware that Residential Tenancies Act sets out circumstances the landlord is allowed to enter a rental unit.

There are different rules for entering in different situations, can you outline the three basic areas?
Well a landlord can enter a rental unit without notice, with verbal notice and with written notice, depending on the landlord’s reasons for entering the rental unit.

And are landlords restricted from entering the rental unit at certain times? Landlords can only enter the rental unit between 8 am or 8 pm. Unless the rental agreement requires the landlord to clean the unit and it allows different hours for cleaning.

*****

Let’s talk about situations where no notice is required, can you tell us what those are?
A landlords can enter a rental unit with no notice if there is an emergency or the tenant gives the landlord permission to enter or if the rental agreement requires the landlord to clean the rental unit.

What would be considered an emergency?
Well, an emergency would be fire or water leaking that the landlord has to obtain access right away.

And when a landlord wants to enter a rental unit and seeks the consent, what the guidelines for that?
The landlord goes to the rental unit, asks for permission to enter for a certain reasons and the tenant says”yes, you can enter” that’s fine, a landlord can enter.

And what are the rules for cleaning a rental unit?
A landlord can enter the unit without written notice if the tenancy agreement requires the landlord to clean the unit at any time of entry specified in the tenancy agreement. If the time of entry is not specified, the landlord can enter between 8 am and 8 pm.

*****

Now, let’s move on and talk about situations where the landlord gives oral notice.
A landlord can enter the unit without written notice if the landlord or the tenant has given a notice of termination and the landlord wishes to show the unit to prospective tenants.

Should the landlord try to notify the tenant?
Although notice is not required, the landlord should make a reasonable effort to inform the tenant of the intention to do so and must still enter between 8 am and 8 pm.

So, in this instance, what would be reasonable?
Well, the landlord could try calling the tenant and if the landlord can’t reach the tenant he can leave a phone message that he intends to enter with a prospective tenant.

*****

Let’s talk about the situations where the landlord is required to give 24 hours written notice to the tenant.
There are several situations when a landlord must give 24 hours written notice before they can enter the unit.

What information must be contained in the notice?
The notice must be in writing and must specify the reason for entry, the date]]>

This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

I’m Susan Wankiewicz and in this podcast we discuss Entering a Tenant’s Rental Unit.

Welcome to Sound Advice for Landlords, Silvana you’ve worked at Landlord’s Self-Help Centre for a long time.
Yes I have, and this issue comes up on a regular basis.

Do landlords have a lot of problems when it comes to entering a rental unit?
They do because they’re not aware that Residential Tenancies Act sets out circumstances the landlord is allowed to enter a rental unit.

There are different rules for entering in different situations, can you outline the three basic areas?
Well a landlord can enter a rental unit without notice, with verbal notice and with written notice, depending on the landlord’s reasons for entering the rental unit.

And are landlords restricted from entering the rental unit at certain times? Landlords can only enter the rental unit between 8 am or 8 pm. Unless the rental agreement requires the landlord to clean the unit and it allows different hours for cleaning.

*****

Let’s talk about situations where no notice is required, can you tell us what those are?
A landlords can enter a rental unit with no notice if there is an emergency or the tenant gives the landlord permission to enter or if the rental agreement requires the landlord to clean the rental unit.

What would be considered an emergency?
Well, an emergency would be fire or water leaking that the landlord has to obtain access right away.

And when a landlord wants to enter a rental unit and seeks the consent, what the guidelines for that?
The landlord goes to the rental unit, asks for permission to enter for a certain reasons and the tenant says”yes, you can enter” that’s fine, a landlord can enter.

And what are the rules for cleaning a rental unit?
A landlord can enter the unit without written notice if the tenancy agreement requires the landlord to clean the unit at any time of entry specified in the tenancy agreement. If the time of entry is not specified, the landlord can enter between 8 am and 8 pm.

*****

Now, let’s move on and talk about situations where the landlord gives oral notice.
A landlord can enter the unit without written notice if the landlord or the tenant has given a notice of termination and the landlord wishes to show the unit to prospective tenants.

Should the landlord try to notify the tenant?
Although notice is not required, the landlord should make a reasonable effort to inform the tenant of the intention to do so and must still enter between 8 am and 8 pm.

So, in this instance, what would be reasonable?
Well, the landlord could try calling the tenant and if the landlord can’t reach the tenant he can leave a phone message that he intends to enter with a prospective tenant.

*****

Let’s talk about the situations where the landlord is required to give 24 hours written notice to the tenant.
There are several situations when a landlord must give 24 hours written notice before they can enter the unit.

What information must be contained in the notice?
The notice must be in writing and must specify the reason for entry, the date]]>

cleanNonono7:18Susan WankiewiczTenant’s Belongingshttps://landlordselfhelp.com/podcast/1023/
Tue, 05 Jan 2016 20:57:11 +0000lshc_adminhttp://landlordselfhelp.com/?post_type=podcast&p=1023This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

I’m Susan Wankiewicz and in this podcast we discuss Tenants’ Belongings. We’re speaking with Alda Pereira about tenants’ belongings that are left behind when a tenant leaves a rental unit. Alda is a Community Legal Worker at Landlord’s Self-Help Centre and routinely speaks with landlords about these issues.

Alda, I would imagine that when a tenant moves out some belongings are left behind, does this happen often?It is a common problem, this happens so frequently that the Residential Tenancies Act establishes rules about how to handle different situations.

What are some of the more bizarre items that have been left behind by tenants?
Boats, vehicles, animals, in one case dentures and on another occasion a bear was left.

Can you break down the key situations involving belongings? And then we’ll discuss each one of them.There are three situations involving belongings including when a unit is vacated after a notice has been given; when a rental unit is abandoned; and when a tenant dies.

*****

The first of the three situations that we’ll discuss is what happens to the belongings left behind when a rental unit is vacated after notice.
If the tenant has moved out based on a notice given by the tenant or a notice given to the tenant by the landlord; or both the landlord and the tenant agree to terminate the tenancy; or the landlord obtained an order from the Landlord and Tenant Board to terminate the tenancy.

What are the rules?If the tenant leaves any belongings behind, the landlord is allowed to sell, retain or dispose of the belongings immediately.

How does it differ if the sheriff is involved?
Well, once the sheriff has performed the eviction and the tenant leaves belongings behind, the landlord can remove the belongings and move it to another location, which must be close to the rental unit. The tenant is allowed to retrieve the belongings within 72 hours after the eviction. The landlord must make the tenant’s property available to be retrieved by the tenant between the hours of 8 am and 8 pm.

In a situation where the sheriff has been involved and the landlord is required to make the belongings available after the eviction, what happens if the landlord is unable to accommodate that requirement?The tenant could file an application with the Landlord and Tenant Board if the landlord does not allow the tenant access to their belongings within the 72 hour period or if the landlord sells, keeps or disposes of the property before the 72 hours have passed.

And what is the possible outcome from an application like that?
The Board could issue an order with any one of the following:

Order the landlord not breach his obligation again.

The second possibility to order the landlord that the landlord return the property to the former tenant if the landlord still has it in his possession.

The third possibility is the Board could order that the landlord pay the former tenant reasonable costs that they incurred or will incur in repairing or replacing their property that was damaged, destroyed or disposed of by the landlord.

The fourth possibility would be any other reasonable out of pocket expenses the former tenant incurred or will incur as a result of the landlord’s actions.

And I’m guessing the last one is going to involve a fine!
It does. The Board could impose an administrative fine of up to $10,000.

Tenants have another option.
Yes, the other option for the tenant is to file a complaint with the Investigations and Enforcement Unit of the Ministry of Municipal Affairs and Housing.

And what is the process for resolving that complaint?They would then conduct an investigation and the landlord could be taken to court. And, on conviction, the landlord could be fined up to $25,000.

*****

We’re speaking with Alda Pereira about belongings that are left behind when a tenant leaves a rental unit. Alda is a Community Legal Worker at Landlord’s Self-Help Centre and routinely speaks with landlords about these issues.

Alda, let’s move on to the situation of abandonment. Can you explain what abandonment is?
Well, abandonment is when the tenant has moved out without providing any notice to the landlord or without getting any notice from the landlord. Sometimes it’s difficult for a landlord to determine whether the tenant has abandoned the unit, especially when there are belongings left behind.

How does a landlord determine abandonment?
Well, the landlord has to consider a few factors before assuming abandonment, for example: if the tenant has not been seen in the unit for quite some time; neighbours saw the tenant moving out; the mail is not being picked up ; etc. However, a rental unit is not considered abandoned if the tenant is not in arrears of rent.

Once the landlord has taken the steps to legally protect themselves by making the abandonment assumption, when can they get rid of food that’s been left in the refrigerator?
Well in that case the landlord is allowed to dispose of any unsafe or unhygienic items immediately.

And what are the rules for other belongings that have been left behind?
The landlord can do one of two things. The first would be to file an application with the Landlord and Tenant Board for an order terminating the tenancy based on abandonment. Once the order is issued, the landlord must wait 30 days before disposing of the belongings.

The other option is the landlord can give notice to the tenant and to the Board of his intention to dispose of the belongings. There is no form to use in this case, it should be in a letter and sent to the tenant’s new address. If the landlord does not have the tenant’s new address, it can be sent to the tenant last known address. The letter must advise the tenant that he or she has 30 days to retrieve their belongings.

How can the landlord recover money that is owed for unpaid rent, damage or the cost of storing the belongings?
The landlord can sell the property to recover the money that is owed to him.

What happens if the tenant comes back three months later and the landlord has already had a yard sale and disposed of the belongings?
Well, the Residential Tenancies Act states that if within six months the tenant returns for their belongings, and the landlord has sold the belongings, the landlord will have to give the tenant the proceeds of the sale after deducting any arrears of rent as well as the cost of storing, moving and securing the belongings.

*****

We’re speaking with Alda Pereira, and she’s a Community Legal Worker from Landlord’s Self-Help Centre and we’re talking about belongings that are left behind when a tenant leaves a rental unit.

Alda, the last of the three key situations related to belongings left behind involve the death of a tenant and the landlords responsibility for their belongings. How often does this happen?Occasionally, we do receive inquiries from landlords in this situation. A new rule was brought into place by the Residential Tenancies Act which addresses situations where the tenant has died and left behind a spouse or a partner who has also occupied the unit as their primary residence.

Why would there need to be rules for that situation?
If there is a spouse or partner occupying the unit, the spouse is included in the definition of tenant under the Residential Tenancies Act, and that person can remain in the unit as a tenant.

And when it’s just one person occupying a unit, what are the steps the landlord must take when that tenant dies?
The law states that the tenancy terminates 30 days after the death of the tenant. The landlord must preserve any property of the tenant, but may dispose of any unsafe and unhygienic items immediately.

What happens within the 30 days?During the 30 day period, the landlord must provide reasonable access to the rental unit to allow the executor of the estate or family member to remove the tenant’s belongings.

I’d expect that the landlord would be motivated to remove the belongings so the unit can be re-rented, what happens to the belongings?
The landlord must leave the belongings in the tenant’s unit during the 30 day period.

And what happens if there are belongings that remain after the 30 days?
After the 30 days, the landlord then has the right to sell or retain or dispose of the belongings.

And if there was rent owing or damage to the unit, can the landlord make a claim against the estate?
Yes, the landlord could file a claim in Small Claims Court.

What happens if a few months down the road, the family reconsiders their decision about leaving some of the belongings?If within six months, the tenant’s family claims the property and the landlord has sold the property, the landlord will have to give them the proceeds of the sale. The landlord can deduct any arrears of rent plus any out of pocket expenses that the landlord incurred. If the landlord has kept the property, the landlord will have to return the property to the tenant’s family.

Thank you Alda!

This has been Sound Advice for Landlords. The material presented in this podcast is intended as general information, it is not legal advice. Sound Advice for Landlords is a production of Landlord’s Self-Help Centre, a community clinic funded by Legal Aid Ontario. To learn more about Landlord’s Self-Help Centre and the podcast project visit www.landlordselfhelp.com. Send your feedback to info@landlordselfhelp.com.

Copyright 2008 Landlord’s Self-Help Centre.

Thank you for listening!

]]>This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

I’m Susan Wankiewicz and in this podcast we discuss Tenants’ Belongings. We’re speaking with Alda Pereira about tenants’ belongings that are left behind when a tenant leaves a rental unit. Alda is a Community Legal Worker at Landlord’s Self-Help Centre and routinely speaks with landlords about these issues.

Alda, I would imagine that when a tenant moves out some belongings are left behind, does this happen often?It is a common problem, this happens so frequently that the Residential Tenancies Act establishes rules about how to handle different situations.

What are some of the more bizarre items that have been left behind by tenants?
Boats, vehicles, animals, in one case dentures and on another occasion a bear was left.

Can you break down the key situations involving belongings? And then we’ll discuss each one of them.There are three situations involving belongings including when a unit is vacated after a notice has been given; when a rental unit is abandoned; and when a tenant dies.

*****

The first of the three situations that we’ll discuss is what happens to the belongings left behind when a rental unit is vacated after notice.
If the tenant has moved out based on a notice given by the tenant or a notice given to the tenant by the landlord; or both the landlord and the tenant agree to terminate the tenancy; or the landlord obtained an order from the Landlord and Tenant Board to terminate the tenancy.

What are the rules?If the tenant leaves any belongings behind, the landlord is allowed to sell, retain or dispose of the belongings immediately.

How does it differ if the sheriff is involved?
Well, once the sheriff has performed the eviction and the tenant leaves belongings behind, the landlord can remove the belongings and move it to another location, which must be close to the rental unit. The tenant is allowed to retrieve the belongings within 72 hours after the eviction. The landlord must make the tenant’s property available to be retrieved by the tenant between the hours of 8 am and 8 pm.

In a situation where the sheriff has been involved and the landlord is required to make the belongings available after the eviction, what happens if the landlord is unable to accommodate that requirement?The tenant could file an application with the Landlord and Tenant Board if the landlord does not allow the tenant access to their belongings within the 72 hour period or if the landlord sells, keeps or disposes of the property before the 72 hours have passed.

And what is the possible outcome from an application like that?
The Board could issue an order with any one of the following:

Order the landlord not breach his obligation again.

The second possibility to order the landlord that the landlord return the property to the former tenant if the landlord still has it in his possession.

The third possibility is the Board could order that the landlord pay the former tenant reasonable costs that they incurred or will incur in repairing or replacing their property that was damaged, destroyed or disposed of by the landlord.

The fourth possibility would be any other reasonable out of pocket expenses the former tenant incurred or will incur as a result of the landlord’s actions.

And I’m guessing]]>

This is Sound Advice for Landlords, a podcast project for small-scale landlords across Ontario. Sound Advice offers information on a range of topics and issues related to residential tenancies. Through one-on-one interviews with experts, landlords learn more about their rights and responsibilities. A transcript for each podcast is posted to our web site.

I’m Susan Wankiewicz and in this podcast we discuss Tenants’ Belongings. We’re speaking with Alda Pereira about tenants’ belongings that are left behind when a tenant leaves a rental unit. Alda is a Community Legal Worker at Landlord’s Self-Help Centre and routinely speaks with landlords about these issues.

Alda, I would imagine that when a tenant moves out some belongings are left behind, does this happen often?It is a common problem, this happens so frequently that the Residential Tenancies Act establishes rules about how to handle different situations.

What are some of the more bizarre items that have been left behind by tenants?
Boats, vehicles, animals, in one case dentures and on another occasion a bear was left.

Can you break down the key situations involving belongings? And then we’ll discuss each one of them.There are three situations involving belongings including when a unit is vacated after a notice has been given; when a rental unit is abandoned; and when a tenant dies.

*****

The first of the three situations that we’ll discuss is what happens to the belongings left behind when a rental unit is vacated after notice.
If the tenant has moved out based on a notice given by the tenant or a notice given to the tenant by the landlord; or both the landlord and the tenant agree to terminate the tenancy; or the landlord obtained an order from the Landlord and Tenant Board to terminate the tenancy.

What are the rules?If the tenant leaves any belongings behind, the landlord is allowed to sell, retain or dispose of the belongings immediately.

How does it differ if the sheriff is involved?
Well, once the sheriff has performed the eviction and the tenant leaves belongings behind, the landlord can remove the belongings and move it to another location, which must be close to the rental unit. The tenant is allowed to retrieve the belongings within 72 hours after the eviction. The landlord must make the tenant’s property available to be retrieved by the tenant between the hours of 8 am and 8 pm.

In a situation where the sheriff has been involved and the landlord is required to make the belongings available after the eviction, what happens if the landlord is unable to accommodate that requirement?The tenant could file an application with the Landlord and Tenant Board if the landlord does not allow the tenant access to their belongings within the 72 hour period or if the landlord sells, keeps or disposes of the property before the 72 hours have passed.

And what is the possible outcome from an application like that?
The Board could issue an order with any one of the following:

Order the landlord not breach his obligation again.

The second possibility to order the landlord that the landlord return the property to the former tenant if the landlord still has it in his possession.

The third possibility is the Board could order that the landlord pay the former tenant reasonable costs that they incurred or will incur in repairing or replacing their property that was damaged, destroyed or disposed of by the landlord.

The fourth possibility would be any other reasonable out of pocket expenses the former tenant incurred or will incur as a result of the landlord’s actions.